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N. COUNTRY ENVTL. SERVS. v. TOWN OF BETHLEHEM

Nos. 99-234, 99-595.

146 N.H. 348 (2001)

NORTH COUNTRY ENVIRONMENTAL SERVICES, INC. v. TOWN OF BETHLEHEM TOWN OF BETHLEHEM v. NORTH COUNTRY ENVIRONMENTAL SERVICES, INC.

Supreme Court of New Hampshire.

May 1, 2001.

Attorney(s) appearing for the Case

Brown, Olson & Wilson, P.C., of Concord (Bryan K. Gould & a. on the brief, and Mr. Gould orally), for North Country Environmental Services, Inc.

Waystack & King, of Colebrook (Philip R. Waystack, Jr. and Jonathan S. Frizzell on the brief, and Mr. Waystack orally), for the Town of Bethlehem.

Hughes, Smith & Yazinski, LLP, of Claremont (John J. Yazinski on the brief), for Aware, Inc., as amicus curiae.

Boutin & Associates, P.L.L.C., of Londonderry (Edmund J. Boutin on the brief), for Environmental Action of Northern New Hampshire, Inc., as amicus curiae.

DUGGAN, J.

This dispute arises out of the private landfill operations of North Country Environmental Services, Inc. (NCES) and its predecessors-in-interest. The parties both appeal rulings by the Superior Court (Fitzgerald, J.) upon NCES' petition for declaratory relief and the petition of the Town of Bethlehem (town) for injunctive relief. We affirm.

In 1976, Harold Brown, the original owner of an eighty-seven-acre parcel located in Bethlehem, received...

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